Plaintiff
- Name: Andre Battle
- Filing Date: April 17, 2026
- Court: United States District Court Northern District of Illinois
- State: Illinois
- Attorney Firm: Horowitz Law, PLLC
Defendant
- Name: The Upper Deck Company
- Website: upperdeckstore.com
- Industry: Consumer Goods
- Standards Cited: WCAG 2.2
- Summary: The Upper Deck provides a website offering a wide array of officially licensed sports collectibles and trading cards, autographed memorabilia, limited edition releases, and merchandise essentials for purchase.
Case Summary
According to the complaint, Andre Battle, a visually-impaired individual, is suing The Upper Deck Company for failing to make their website, Upperdeckstore.com, accessible to blind users. Battle alleges that the website contains significant barriers that prevent him and others with visual impairments from independently navigating and completing purchases. The complaint cites violations of the Americans with Disabilities Act (ADA) and seeks a permanent injunction to require the defendant to make necessary changes to the website, along with compensatory damages for the discrimination faced by Battle and other class members.
Causes of Action
- Violation of 42 U.S.C. §§ 12181 et seq. - Title III of the Americans with Disabilities Act
- Declaratory Relief
- Negligent Infliction of Emotional Distress
Key Allegations
- The Upper Deck's website is inaccessible to blind and visually-impaired persons.
- Plaintiff was denied the ability to independently navigate and complete purchases on Upperdeckstore.com due to accessibility barriers.
- Defendant failed to implement necessary modifications to make the website accessible.
Requested Relief
- A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act.
- A preliminary and permanent injunction requiring Defendant to make its website compliant with the ADA.
- Payment of nominal damages.
- Pre- and post-judgment interest.
- An award of costs and expenses of this action together with reasonable attorneys’ and expert fees.
- Punitive damages.
- Compensatory damages in an amount to be determined at trial.
Proposed Class
all legally blind individuals in the United States who have attempted to access Upperdeckstore.com and as a result have been denied access to the enjoyment of goods and services offered by Upperdeckstore.com, during the relevant statutory period.
Jurisdiction & Venue
This Court has subject-matter jurisdiction under 28 U.S.C. § 1331 and 42 U.S.C. § 12182; venue is proper under 28 U.S.C. §1391(b)(1) and (2).
